Sep 20, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.

The validity of an initial or a subsequent Temporary Resident Permit (TRP) typically ranges from one day to three years. This is in accordance with the provisions specified in section 63 of the Immigration and Refugee Protection Regulations (IRPR). However, it is worth highlighting that if the holder of the Temporary Resident Permit (TRP) leaves Canada without obtaining prior authorisation to re-enter Canada, the Temporary Resident Permit (TRP) will no longer be valid.

Situations could arise where the Temporary Resident Permit (TRP) expires and the person does not apply for a new permit prior to the expiration. Such situations could lead to a break in continuity under the permit holder class. Thus, when determining the validity period, officers will need to ensure that:

They issue the Temporary Resident Permit (TRP) only for the time required e.g. for one week to admit a person to attend a conference etc.

They assess whether an ongoing and compelling need for the Temporary Resident Permit (TRP) exists and if so, weight that vis-à-vis the risks

They consider whether any new grounds for inadmissibility have arisen since the issuance of the previous Temporary Resident Permit (TRP) (if applicable) and,

They remain mindful of the fact that Temporary Resident Permit (TRP) holders could become eligible to apply for permanent resident status under the permit holder’s class after the specified spans of time

In some cases, the authorities might have authorised the Temporary Resident Permit (TRP) holder to work or study. In this scenario, the officers will need to ensure that the validity period of all the documents remains the same.

The authorities require officers to consult the Case Management Branch (CMB) in cases of serious criminality. In this scenario, the Case Management Branch (CMB) could recommend the length of the validity of the Temporary Resident Permit (TRP).

Note:

In the view of the authorities, three years amounts to 1,095 days i.e. 365 days x 3

As such, when calculating the expiration date of the Temporary Resident Permit (TRP), officers will need to add the intended length of the Temporary Resident Permit (TRP) from the current date and subtract one day

However, an exception applies if the period in consideration includes leap years i.e. 2016, 2020 and 2024

Leap years invariably feature 366 days

As such, the officers will need to count the expiration date as the intended length of the Temporary Resident Permit (TRP) from the current date minus two days

The authorities require Temporary Resident Permit (TRP) holders to:

Leave Canada prior to the expiration date specified on the Temporary Resident Permit (TRP) or upon the cancellation of the Temporary Resident Permit (TRP) by an officer

Apply for a subsequent Temporary Resident Permit (TRP) prior to the expiry of their Temporary Resident Permit (TRP) in case they want to maintain their temporary resident status in Canada and,

Apply for and obtain a counterfoil that enables them to return to Canada in case all the following stipulations apply in their circumstances:

They are from a country whose citizens require a Temporary Resident Visa (TRV) and,

They have the relevant authorisation for re-entering Canada

It is worth mentioning that Temporary Resident Permit (TRP) holders who do not comply with the provisions stipulated in the Immigration and Refugee Protection Regulations (IRPR) or the Immigration and Refugee Protection Act (IRPA) could well become subject to:

It is worth highlighting that Temporary Resident Permits (TRPs) are not usually valid for re-entry to Canada. However, the authorities permit officers to authorise this in exceptional circumstances. Officers will need to record the authorisation to re-enter Canada accurately in the Global Case Management System (GCMS). In addition, the Temporary Resident Permit (TRP) will need to specify ‘DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT UNDER REGULATION R63 (b).’ For more details on the manner in which officers will need to record this information in the Global Case Management System (GCMS), officers will need to refer to the online help provided in the Global Case Management System (GCMS).

Besides this, officers will need to counsel Temporary Resident Permit (TRP) holders who have received the authorisation for re-entering Canada that:

The Temporary Resident Permit (TRP) is not a travel document

The Temporary Resident Permit (TRP) holders will need to be in possession of a valid travel document or passport in order to return to Canada

The Temporary Resident Permit (TRP) holder might require a Temporary Resident Visa (TRV) counterfoil in order to travel to Canada – this is usually required in case the Temporary Resident Permit (TRP) holder is from a visa required country and,

The Temporary Resident Permit (TRP) holder will always be subject to examination upon re-entering Canada and that the officers of the Canada Border Services Agency (CBSA) could refuse entry into Canada, even if the Temporary Resident Permit (TRP) authorises re-entry

Situations could arise where an officer of the Canada Border Services Agency (CBSA) comes across a Temporary Resident Permit (TRP) holder, who is in possession of a valid permit and is returning to Canada, but does not have the proper authorisation for returning to Canada. In this scenario, the officer will need to seize the permit and cancel it in the Global Case Management System (GCMS). This is because the permit is no longer valid. In addition, the officer will need to examine all the factors associated with the person at the time when the person is seeking to enter Canada. This is because the circumstances might have changed from the time of issuance of the previous Temporary Resident Permit (TRP).

The authorities permit designated decision makers to cancel a Temporary Resident Permit (TRP) at any time in case the circumstances warrant it. This is in accordance with the provisions specified in subsection A24 (1) of the Immigration and Refugee Protection Act (IRPA). It is worth highlighting that the Temporary Resident Permit (TRP) is no longer valid when the permit holder leaves Canada unless the document expressly authorises re-entry to Canada. Once the permit expires or gets cancelled, the officers will direct the person to leave Canada. Otherwise, the officers could need to order the deportation of the person.

When the Authorities Consider the Temporary Resident Permit (TRP) to be Deemed Cancelled

As mentioned previously, the Temporary Resident Permit (TRP) will no longer remain valid once the Temporary Resident Permit (TRP) holder leaves Canada and does not have any authorisation for re-entering Canada. As such, when an officer examines an application and discovers that a Temporary Resident Permit (TRP) holder has left Canada, the officer will consider the Temporary Resident Permit (TRP) as deemed cancelled.

Prior to making a final decision, the officers will need to consult the office that issued the Temporary Resident Permit (TRP). The officers will need to explain the change in circumstances of the applicant. To ensure procedural fairness, officers will need to notify the applicant in writing of the intention of the authorities to cancel the Temporary Resident Permit (TRP).

The letter will need to:

State the reasons behind the decision to cancel the Temporary Resident Permit (TRP)

Be delivered by hand or double registered mail for ensuring the acknowledgement of service

Be copied to the person’s authorised representative (if any)

Inform the person of the right to make written representations or discuss the decision in person with another officer and,

Specify a reasonable span of time in which the person could make such representations

Officers have the authority to make the final decision to cancel the Temporary Resident Permit (TRP). This is regardless of whether they received any representations or not. In this scenario, the authorities require officers to send a letter informing the person of the cancellation of the Temporary Resident Permit (TRP). The letter will need to include the effective date of the Temporary Resident Permit (TRP) cancellation. In addition, it will need to instruct the person to leave Canada by a specified date – in most cases. Besides this, the letter will also state that the person could be subject to enforcement action in case the person does not leave Canada by the specified date.

The authorities require officers to report people whose Temporary Resident Permits (TRPs) have expired or been cancelled under the provisions specified in A44 (1). This is especially so in case these individuals do not leave Canada by the date specified. As such, officers will need to carry out a review of all the factors applicable in the case. Thereafter, in case the officer decides to proceed with the preparation of an A44 (1) report, the officer will need to base this report on:

The original grounds

The new grounds of inadmissibility other than the ones on which the authorities had based the previous Temporary Resident Permit (TRP) issuance (if applicable) and,

The fact that the person has overstayed the period for which the authorities had permitted them to enter or remain in Canada

Based on the circumstances that apply, a delegated decision maker could take additional enforcement action against the person. This action could typically include a removal order or a referral of the report to the Immigration Division (ID) for an admissibility hearing.

For more information on the procedures that officers will need to follow while writing reports, admissibility hearings and removal orders, officers will need to go through the details given in ENF 03, ENF 05 and ENF 06.

In some cases, it is possible that the person’s whereabouts might be unknown. In this scenario, the officers will need to refer the case to the Canada Border Services Agency (CBSA). Thereafter, the Canada Border Services Agency (CBSA) will need to:

Undertake a thorough investigation for locating the person and,

Issue a warrant for the arrest of a person reported under the provisions specified in A44 (1)

It is worth mentioning that officers of the Canada Border Services Agency (CBSA) will carry out the above-mentioned actions in case they believe that the person is in Canada and is out of status.